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3 Amendments of Armando FRANÇA related to 2009/0802(CNS)

Amendment 24 #

Recital 18
Republic of Poland, the Republic of Slovenia, the Slovak Republic and the 18.Kingdom of Sweden 18. This Framework Decision should comply with the basic principles of data protection laid down in Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters should apply toand in Council of Europe Convention 108 of 28 January 1981 for the pProtection of personal data provided under this Framework Decision.Individuals with regard to Automatic Processing of Personal Data;
2009/03/11
Committee: LIBE
Amendment 25 #

Recital 18 a (new)
Republic of Poland, the Republic of Slovenia, the Slovak Republic and the Kingdom of Sweden 18a. A uniform common set of procedural guarantees is a necessary prerequisite to ensure that measures concerning judicial cooperation in criminal matters be applied fairly and effectively; the Commission should at the earliest opportunity propose a legal instrument on procedural safeguards for suspects and accused persons in criminal proceedings.
2009/03/11
Committee: LIBE
Amendment 26 #

Article 15 a (new)
Slovenia, the Slovak Republic and the Republic of Poland, the Republic of Kingdom of Sweden Article 15a 1. Decisions on jurisdiction taken in accordance with this Framework Decision must be fair, independent and objective and must be made in accordance with the principles set out in Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, so as to ensure that the human rights of the suspect or accused person are protected. 2. In particular, a uniform high level protection of procedural guarantees for suspects and ccused persons in criminal proceedings should be ensured, based upon the principle of presumption of innocence. Common basic rights shall include at least authorisation by a judicial authority any restriction or deprivation of freedom, the right to a "Letter of Rights", the right to legal advice, the right to adduce evidence, the right to be informed of the nature and reasons of the charges and of the grounds for suspicion, the right to access to all relevant documents in a language the suspect/accused person understands and the right to an interpreter. 3. The right to the protection of personal data shall be duly guaranteed throughout the procedure, based on the principle that the processing of data in a democratic society should be necessary and proportionate. The processing of personal data for the purposes of this Framework Decision shall comply with at least the basic principles laid down in Framework Decision 2008/977/JHA and in the Council of Europe Convention 108 of 28 January 1981 for the Protection of individuals with regard to Automatic Processing of Personal Data and the subsequent protocols.
2009/03/11
Committee: LIBE